Territorial jurisdiction pertains to the geographical area within which a court or other judicial authority has the power and authority to decide cases. In India, the concept of territorial jurisdiction is enshrined in various statutes, including the Code of Criminal Procedure (CrPC) and the Code of Civil Procedure (CPC). This article aims to shed light on the legal principles governing territorial jurisdiction in India, citing notable case laws from both the Supreme Court and various High Courts.
Territorial Jurisdiction under the CrPC and CPC
The CrPC and CPC lay down the procedural aspects governing territorial jurisdiction in criminal and civil matters, respectively.
- Code of Criminal Procedure (CrPC): Section 177 of the CrPC provides that every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. Exceptions are provided under Sections 178 to 183, which deal with situations where an offence is committed partly within one jurisdiction and partly in another.
- Code of Civil Procedure (CPC): Under Section 16 of the CPC, a suit should be instituted in a court within whose local limits the defendant resides or carries on business, or where the cause of action wholly or partly arises.
Notable Case Laws
- State of Rajasthan v. Daud Khan: The Supreme Court held that when an offence is committed in more local areas than one, it may be inquired into or tried by a court having jurisdiction over any of such local areas.
- Bhim Singh v. State of Jammu & Kashmir: In this landmark case, the Supreme Court emphasized that the courts should be cautious while exercising jurisdiction and should ensure that they do not overstep their territorial limits.
- M/s. Swastik Gases Pvt. Ltd. v. Indian Oil Corporation Ltd.: The Supreme Court observed that for the purpose of territorial jurisdiction, a corporation carries on business at its registered office.
Quashing of Criminal Cases on Grounds of Territorial Jurisdiction
The power to quash a criminal case on the grounds of territorial jurisdiction is inherent in the High Courts under Section 482 of the CrPC and derives its authority from the inherent powers of the court to prevent abuse of process of law.
- Dharambir Khattar v. State (Govt. of NCT of Delhi): The Delhi High Court quashed a criminal case holding that the court where the complaint was filed did not have territorial jurisdiction to try the case. The Court emphasized that adherence to territorial jurisdiction principles is essential to ensure a fair trial.
- Vikas v. State of Uttar Pradesh: The Allahabad High Court quashed a criminal proceeding on the grounds of territorial jurisdiction, holding that the court where the complaint was filed lacked the requisite jurisdiction to entertain the matter.
Relevant Provisions of CrPC and CPC
- CrPC: Section 177 to 183 deal with territorial jurisdiction in criminal matters. Section 482 provides inherent powers to the High Courts to quash proceedings to secure the ends of justice.
- CPC: Section 15 to 20 lay down the principles governing territorial jurisdiction in civil matters. Section 20 provides for the place of suing, based on the residence of the defendant or where the cause of action arises.
Conclusion
Territorial jurisdiction is a foundational principle of the Indian legal system, ensuring that cases are tried by courts within their geographical boundaries. The CrPC and CPC provide detailed provisions governing territorial jurisdiction in criminal and civil matters, respectively. The Supreme Court and various High Courts have, through their judgments, emphasized the importance of adhering to territorial jurisdiction principles to uphold the principles of justice and fair trial. The power of the High Courts to quash proceedings on grounds of territorial jurisdiction ensures that litigants are not subjected to undue harassment and that justice is administered efficiently and effectively.